Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-01-2005, 07:16 AM
Junior Member
 
Join Date: Sep 2005
Posts: 2

Self Defense to Aggrevated Battery


undefinedFlorida What is the name of your state?

Incident startes as follows,my friend and I stopped at a convience store to pick up some cigarettes for my wife.After returning to my vehicle, I looked left at the car beside me and witnessed Party 1 snorting cocaine Party 1 looked at me and I looked away.My friend returned to the vehicle and I brought it to his attention of what I just saw.I proceeded to back out of parking spot when I noticed that the vehicle to my left starting to back out,not wanting Party 2 to strike my vehicle I tooted my Horn,which in turn brought dirty looks and hand jestures.Proceeded to drive away when said vehicle came around on drivers side to try and overtake us exiting the parking lot,only to find dumpster blocking thier way.Both vehicles at that time were stopped,when Party 1 & 2 which were on the passenger side of the vehicle exited yelling at me,in return I asked what the hell is wrong with you.That is when Party 1 & 2 started to remove tools from the back of our pickup truck and started towards thier car with them,my friend exited the truck and then I did only to find our hammer drill being hurled towards me,thats when I felt I was in real danger and grabbed the first thing I could grab which was a hoe from the back of the truck.Just then Party raises toolbox(approx 35lbs)to throw at me and in return using hoe I pushed her (party 2)back away from me touching here around the shoulder area.Toolbox hit the ground while she ran back around to drivers side of thier vehicle and proceeded to grab empty beer bottles throwing them in my direction, in my attempt to block them I struck and broke Party 1 car rear window,it shattered.Another car pulls up and assists in calming everyone down thus altercation is then reduced to verbal bashing.While on my phone calling the police I flagged down officer which came to the scene.Still heated from what just happened(officer evaluates me as being aggressive).I sat down in my vehicle while friend collects tools scattered around parking lot(Drill,Drill bits and tool boxes)More officers show up that in turn start taking statements from people that were involved in the incident.After all statements were filled out I find myself being arrested for aggrevated battery with weapon along with criminal mischief.Afer posting bond and recieving Party 2 statement did I realize that Party 3 the driver fled the scene,and there were lots of pieces form the puzzle.The one key factor in her statement says I exited the vechile first and grabbed the hoe in return she goes to pickup to grab toolbox to defend herself .Ha-Ha why would she come towards me while Im holding hoe to get toolbox from pickup to defend herself.I feel I acted in self defense.What do you Think? Please help
  #2  
Old 10-01-2005, 10:32 AM
Senior Member
 
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by mike20202
undefinedFlorida What is the name of your state?

Incident startes as follows,my friend and I stopped at a convience store to pick up some cigarettes for my wife.After returning to my vehicle, I looked left at the car beside me and witnessed Party 1 snorting cocaine Party 1 looked at me and I looked away.My friend returned to the vehicle and I brought it to his attention of what I just saw.I proceeded to back out of parking spot when I noticed that the vehicle to my left starting to back out,not wanting Party 2 to strike my vehicle I tooted my Horn,which in turn brought dirty looks and hand jestures.Proceeded to drive away when said vehicle came around on drivers side to try and overtake us exiting the parking lot,only to find dumpster blocking thier way.Both vehicles at that time were stopped,when Party 1 & 2 which were on the passenger side of the vehicle exited yelling at me,in return I asked what the hell is wrong with you.That is when Party 1 & 2 started to remove tools from the back of our pickup truck and started towards thier car with them,my friend exited the truck and then I did only to find our hammer drill being hurled towards me,thats when I felt I was in real danger and grabbed the first thing I could grab which was a hoe from the back of the truck.Just then Party raises toolbox(approx 35lbs)to throw at me and in return using hoe I pushed her (party 2)back away from me touching here around the shoulder area.Toolbox hit the ground while she ran back around to drivers side of thier vehicle and proceeded to grab empty beer bottles throwing them in my direction, in my attempt to block them I struck and broke Party 1 car rear window,it shattered.Another car pulls up and assists in calming everyone down thus altercation is then reduced to verbal bashing.While on my phone calling the police I flagged down officer which came to the scene.Still heated from what just happened(officer evaluates me as being aggressive).I sat down in my vehicle while friend collects tools scattered around parking lot(Drill,Drill bits and tool boxes)More officers show up that in turn start taking statements from people that were involved in the incident.After all statements were filled out I find myself being arrested for aggrevated battery with weapon along with criminal mischief.Afer posting bond and recieving Party 2 statement did I realize that Party 3 the driver fled the scene,and there were lots of pieces form the puzzle.The one key factor in her statement says I exited the vechile first and grabbed the hoe in return she goes to pickup to grab toolbox to defend herself .Ha-Ha why would she come towards me while Im holding hoe to get toolbox from pickup to defend herself.I feel I acted in self defense.What do you Think? Please help
Why did you stop? That is not rational behavior.

You are all guilty of escalating the situation.
  #3  
Old 10-01-2005, 12:56 PM
Junior Member
 
Join Date: Sep 2005
Posts: 2

why did i stop


florida because I have a manual transmission just purchased truck not used to it yet,and stalled it.
  #4  
Old 10-01-2005, 04:46 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
[quote=mike20202I feel I acted in self defense.What do you Think? Please help[/QUOTE]
Mor eimportantly: What does your attorney think?

Were there surveillance cameras that have tapes that could corroborate your version of events?

At this point it seems to be your word against theirs, and with damage to the other vehicle, you'd likely lose. However, if it goes to court it could well become a case where nothing can be proven beyond a reasonable doubt.

Get ready for a plea offer to come your way.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 10-01-2005, 05:10 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,544
Quote:
Originally Posted by mike20202
What do you Think?
I think you are in deep crap. Get a GOOD defense attorney.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #6  
Old 10-01-2005, 07:24 PM
Senior Member
 
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by mike20202
florida because I have a manual transmission just purchased truck not used to it yet,and stalled it.
Then instead of getting out of your vehicle, you start it up and leave. However, there is a lot more to the story. Get an attorney as suggested.

Aggravated battery is a felony of the second degree. Punishable by a term of imprisonment not exceeding 15 years and/or a fine up to $10,000. (That's if you have a clean record.)
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:41 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.